HB 1076 South Dakota House · 2025 Regular Session

modify provisions pertaining to improper collection of fees relating to assistance or referrals in a veterans benefits matter.

HB 1076 modifies South Dakota laws regarding improper fee collection in veterans benefits matters. The bill directly affects veterans, their families, and professionals who assist with veterans benefits applications or referrals. It establishes clearer rules about when fees are considered improper and outlines penalties for those who violate these fee collection standards. The legislation aims to protect veterans from excessive or unauthorized charges while maintaining oversight of the benefits assistance process.

Issues: ✓ Veterans

Bill status passed 2 of 4 stages cleared

Introduction

Jan 2025

Committee Review

Feb 2025

House Failed

Feb 2025

Governor

Introduced Jan 21, 2025 Last action Feb 24, 2025

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → House Military and Veterans Affairs Engrossed · 6 edits · Feb 21, 2025

MODERATE

This bill introduces new restrictions on who can receive payment for helping veterans with benefits claims. It prohibits individuals from charging fees for preparing, presenting, or advising on veterans benefits matters, except for attorneys dividing fees among themselves. The law also bans referral fees for directing people to others for these services. Violations are classified as deceptive trade practices.

Scope change

New section added to chapter 33A-2 creating a comprehensive ban on fee collection for veterans benefits assistance, with limited exceptions for attorney fee divisions.

REQUIREMENT

Prohibits receiving money or financial benefits for preparing, presenting, prosecuting, advising, consulting, or assisting individuals with veterans benefits matters before federal or state veterans agencies.

Prohibits receiving money or financial benefits for referring individuals to others who will prepare, present, prosecute, advise, consult, or assist with veterans benefits matters.

ENFORCEMENT

Classifies violations as deceptive trade practices under chapter 37-24, enabling enforcement through existing consumer protection mechanisms.

DEFINITION

Defines 'veterans benefits matter' to include any claim affecting individuals who have filed or intend to file for benefits under VA, Defense, or South Dakota Veterans Affairs programs.

SCOPE

Applies to veterans benefits matters before United States Department of Veterans Affairs, United States Department of Defense, and South Dakota Department of Veterans Affairs.

EXCEPTIONS

Allows fee divisions between attorneys that comply with state laws and South Dakota Rules of Professional Conduct.

Floor votes · House Feb 24, 2025

How they voted

29–40

Failed

Total votes 69

Feb 24, 2025

D Democratic5

5 Nay

100% Nay

R Republican64

29 Yea 35 Nay

54% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Feb 24, 2025

Lower · Passed

Placed on calendar pursuant to JR 6F-6 , Passed, YEAS 30, NAYS 40 H.J. 373

lower

Feb 20, 2025

Lower · Passed

Military and Veterans Affairs Report out of committee without recommendation as amended , Passed, YEAS 7, NAYS 5

lower

Feb 20, 2025

Committee

Military and Veterans Affairs Do Pass , Passed, YEAS 6, NAYS 6

lower

Feb 3, 2025

Introduced

Military and Veterans Affairs Motion to amend , Passed, Amendment 1076A

lower

Jan 21, 2025

Introduced

First read in House and referred to H.J. 44

lower

10 primary · 0 co-sponsors